ODM's Missing Ksh4.1B Lands CS in Trouble

ODM Headquarters in Lavington, Nairobi
ODM Headquarters in Lavington, Nairobi
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Treasury CS Ukur Yattani is set to appear before the Public Accounts Committee (PAC) of the National Assembly over a Ksh4.1 billion payout to Raila Odinga's ODM party.

According to PAC Chair, Ugunja MP Opiyo Wandayi, the CS was yet to disburse the funds meant for political parties as stipulated under the Kenyan constitution.

"We need to get an explanation from the National Treasury for failing to disburse the required amounts to the political parties' fund. We will not allow him to bend the law as he wishes,

"The Political Parties Act is a law that was passed by this House. The National Treasury CS has a duty to tell this committee and the entire country whether the provisions of the law on the parties fund exist to be violated at will," the legislator stated.

Ugunja MP Opiyo Wandayi.
An undated photo of the Leader of the Minority in the National Assembly Opiyo Wandayi in a press conference.
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He further accused the CS of ignoring the High Court ruling that directed that Ksh4.1 billion be paid to Raila's ODM Party as funds it was entitled to for the 2013 to 2016 period.

According to Section 24(1) of the Political Parties Act, at least 0.3% of the nationally collected revenue will be allocated to the political parties fund annually. 

Main source of the political parties Fund is the National Government. Other sources include: membership subscription fee, contributions and donations. 

Qualification & Distribution of the Fund

A political party is not entitled to funding if;

1) The party does not secure at least three percent of the total number of votes at the preceding General Elections.

2) More than two thirds of its registered office bearers are of the same gender.

3) The party does not have;

        a) twenty elected members of the National Assembly; 

        b) three elected members of the senate; 

        c) three elected members who are Governors; and 

        d) forty members of County Assemblies.

Criteria for distribution of fund

The Act provides that; 

• 80% of the Fund is distributed proportionately by reference to the total number of votes secured by each political party in the preceding general election.

• 15% of the Fund proportionately to political parties  qualified above, based on the number of candidates of the party from special interest groups elected in the preceding general election.

• The  5% of the fund is utilized by the Office of the Registrar of Political Parties for the administration expenses of the Fund.

Purpose of the fund

Promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalized communities, which shall not be less than 30% of the moneys received;

Promoting active participation by individual citizens in political life;

Covering the election expenses of the political party and the broadcasting of the policies;

Civic education in democracy and other electoral processes;

Bringing the political party’s influence to bear on the shaping of public opinion.

Audit of the funds

All political parties, whether they receive the fund or not, are required to have their books audited by the Auditor General. 

The audit report is then submitted to the Registrar and tabled in the National Assembly.

Auditor General Nancy Gathungu.
Auditor General Nancy Gathungu.
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